A man has been awarded a £3.8m settlement for brain damage from viral encephalitis approved by the High Court. The illness was allegedly misdiagnosed as eczema.

Martin O’Brien developed a rash and itchy sores in January 1996. He was referred to hospital by his doctor, who believed he had scabies and who prescribed benzyl benzoate as a temporary measure.

At hospital, Martin was diagnosed as having eczema and, when his case was reviewed in February, it was claimed in court that he was advised to continue using the treatment prescribed for him in January.

However, by the end of March, he was complaining of aches, pains, fevers, perspiration and memory loss and, after attending the another hospital, on March 31st, Martin collapsed and was admitted to the hospital under the care of Dr. Brendan S Duffy.

Mr Justice John Quirke was told at the High Court that in the aftermath of his collapse, Martin had complained of having a blackout, amnesia, migraines, a stiff neck, a loss of power in his lower limbs and abnormal rolling of his eyes.

By the evening of the 31st March Martin was unable to recognise his wife and, it was alleged, that tests taken after his admission indicated encephalitis and possibly herpes simplex. However, no treatment against the virus was prescribed until April 4th, when Zovirax was prescribed, and on April 5th when Acyclovir was also added to the treatment. Martin stayed in hospital until August 1996.

In the following case brought, it was alleged that Martin suffered severe brain damage as a result of the delay and was described in court as a “child in a man´s body”. Martin is unable to work and has relied for the past fifteen years on care provided by his family.

A settlement of £3.8m without admission of liability was negotiated between legal representatives of Martin´s family and insurers for Dr Duffy. Approving the settlement, Mr Justice John Quirke paid tribute to Martin’s wife, Anna Marie, describing her as “a wonderful lady” and said that part of the award should immediately be paid to the family for the care they had provided.

The mother of a two year old girl, who died after contracting meningitis, has been awarded more than £142,000 in a meningitis lawsuit after the hospital in which the little girl died admitted errors in the way they handled her condition.

Natalie Courtney (28) had taken her daughter hospital on February 19 2006, after Aisling had started suffering from hallucinations and a sore neck. The doctor who treated Aisling diagnosed her as having a 24-hour viral gastric bug and being dehydrated.

Natalie asked for Aisling to be kept in overnight for observation and stayed with her daughter throughout.

After her first examination, a rash developed on Aisling’s back and, early in the morning of February 19, Aisling was placed on a drip. She then developed purple spots on her skin, and Natalie was told that Aisling was being treated for meningitis.

Aisling’s condition got worse and she was moved into the hospital’s intensive care unit. But, at 10.25am, Aisling passed away following a heart attack. The shock overwhelmed for Natalie who, Mr Justice Iarfhlaith O’Neil heard at the High Court, became socially withdrawn and developed feelings of guilt due to her own failure to intervene in Aisling’s treatment and demand more appropriate action. After seeking legal advice, Natalie sued the hospital for nervous shock caused by Aisling’s death, claiming that she had suffered depressive injuries as a result of the manner in which she had witnessed her child’s death.

The hospital conceded liability late last year – extending and aggravating Natalie’s feelings – and Mr Justice Iarfhlaith O’Neil accounted for this lack of admission when awarding Natalie £142,000 plus an amount to cover the costs associated with legal representation at the inquest into Aisling’s death.